Episode Transcript
You're listening to Bill Handle on demand from KFI AM six forty.
Speaker 2KFI AM six forty Bill Handle.
Speaker 3Here.
Speaker 2It is a Saturday morning, one hour more to.
Speaker 4Go on the Legal Show, and at eleven o'clock I start taking phone calls off the air to make sure all your questions are answered, and I will explain that to you last half hour, give or take of this segment.
Eight hundred five two ero one five three four's number to call, top of the hour, best time to call.
I mean, we do you know, we have a healthy number of phone calls coming in, but still there are some lines open.
Eight hundred five two ero one five three four.
This is Handle on the Law marginal legal advice where I tell you have absolutely no case.
Speaker 5Oh.
Speaker 2Here is wow.
Speaker 4Here is a story about the Trump administration.
And it doesn't go the way you would think it would go.
Speaker 2All right, So, and this is peripheral to it.
Speaker 4But President Trump was in the briefing room to announce his federal takeover of Washington Police Force and the deployment of the National Guard to deal with the city's homelessness and the crime rate, because, as the President said, the crime rate is out of control in Washington, d C.
Even though it has actually gone down, And obviously it was a political move because that's what he does.
All right, out of that questioning, out of that press conference, he takes questions and he is the most accessible, accessible president we've ever had.
I've interviewed many reporters and every one of them says, this man, this president is the most accessible president they've ever had.
And every time they're on Air Force One that he flies on Air Force One, there's a polar reporters that are assigned to Air Force One, he always goes back and answers questions.
I mean almost every I think every flight that he's been on.
So after the announcement, I'm going to clean up Washington, d C.
The crime rate is out of control, the place is falling apart.
Speaker 2It's horrific.
Speaker 4So he goes ahead and takes over the police department, which he can do in Washington, d C.
Speaker 2Because it's an outlier.
Speaker 4It's both a city as well as a federal jurisdiction.
It's not a state.
It's really strange.
In any case, he's allowed to do that.
Speaker 2Well.
Speaker 4During the course of the press conference, and he's asked in terms of the lawlessness and how horrible the crime rate is.
Speaker 2He has asked a question that.
Speaker 4In terms of cleaning up crime in the nation's capital, would you consider rescheduling or declassifying marijuana as a Schedule one drug?
Right now, the federal government still lists marijuana in the same category as heroin, no medical use or almost no medical use, and very addictive.
So it is a control substance, and it is at the top of the list in terms of dangerous drugs.
And the reality is, come on, I mean, who believes that.
I mean marijuana.
You know, a lot of states.
Here in California, it's recreational marijuana is allowed.
Speaker 2I mean, it's like alcohol.
Speaker 4Don't use too much of it and don't drive when you're drinking or out of when you're drunk or high.
Speaker 2It's the same thing.
Speaker 4And so the federal government and it makes no sense for this, no sense whatsoever for the Fed still to look at marijuana as a Schedule one drug.
And Trump surprisingly said, you know what, I'm interested in bringing it down.
Speaker 2Now.
Speaker 4It's early in the process.
He says that there is a move within the White House.
It is being studied.
He said that they're considering reclassifying marijuana as less dangerous drug, told the reporters early in the process, but he hopes to make a decision on the matter within the coming weeks.
Now, the only reason to keep marijuana cannabis as a Schedule one drug is political.
Speaker 2That's all political reasoning.
Speaker 4You've got Southern states, and you have DA's and you have people in the legislature who somehow think marijuana is a gateway drug.
Literally, take one puff of a joint and as the joint goes down into the ashtray, you then pick up a syringe full of heroin and injected directly into your eyeballs.
That's how people view marijuana in some cases.
Speaker 2Well, it isn't that.
Speaker 4And the problem is that you've got legal marijuana dispensaries, which, by the way, they're all in violation of federal law.
I might add their dispensaries up and down the state.
I've that one within a mile of the studio.
It's committing a federal crime.
Now, are the Feds at all involved in prosecuting or arresting.
Speaker 2Of course not.
Speaker 4But there is a problem, and that is because it is in federal violation.
Banks won't touch them, credit cards won't touch these, dispensaries, and what they're saying is it makes it very difficult to do business, which it does.
And at the same time, the taxes are so insane, especially here in California, because that's I'm looking at it.
I live here, you know, most my attention is here in California.
The taxes are so insane.
It's actually cheaper to buy the drugs on the street.
Go to your local drug dealer, go to that corner drug dealer, and buy your cannabis cheaper.
And California just raised taxes again on top of that.
It makes absolutely no sense to keep it a Schedule three drug.
As a matter of fact, as far as California is concerned, it's on the same level of alcohol, same level.
Just the major stores aren't selling it anymore or aren't selling it at all.
I mean, you can go to a Walmart and pick up a bottle of booze.
You can't go to Walmart and pick up a joint or an ounce of marijuana.
And you should be able to and Trump said that he's heard good and bad things regarding the drug.
I've heard great things having to do with medical and I've heard bad things have to do with just about everything else but medical as you know, for pain and various things.
And some people like it, some people hate it.
Well, that's true.
And so there's three ways of classifying cannabis in this country.
And it's either completely illegal, which in many states it is, and well a four ways, and then you can have some serious consequences.
I mean smoking a joint.
Now, if you have over an ounce, yeah, that then you have it for sale, possession for sale, and that brings in another category.
But under announce that seems to be the magical the magical amount sixteen one ounce or less.
Speaker 2So there can be some serious consequences where.
Speaker 4The drug is illegal, it can be a it can be a consequence if it's not used for medical purposes.
And in states where you're allowed to use marijuana for pain, et cetera, has to be prescribed, you have to have a car, which, of course the easiest thing in the world.
As a matter of fact, here it's hilarious.
Next to every dispensary is a doctor's office where you walk in, you talk to a doctor, you spend thirty seconds and outcomes the script.
Then you get next door and there's your medical marijuana card.
When it was only for medical marijuana, and then the other when you go further recreational marijuana is allowed.
You don't need permission, you just walk into dispensary and he goes, I'll take one of those and they have to be twenty one and you know what, I'll buy that one.
I'll take the wowie awi bwi.
All right, I'm going to take a break and then we're going to come back and I'll get to it.
I know I took a long time, but this one has a lot of legal implications.
We'll be right back and take your phone calls.
This is KFI.
Well, this is Handle on the Law.
Can't FI handle here on a Saturday.
Eight hundred and five two ero one, five three four.
Welcome back, Handle on the Law.
Marginal Legal Advice Jasmine, Hello Jack, Yes, yes.
Speaker 6Yes, I'm the owner of a unit that has six units a condominium and we are independent hoa where they don't take care of anything.
And one of them is the president and the other guy has no license, nothing for maintenance or the financial stuff.
The president and this guy do the financial stuff.
And I wonder if this guy, that's mister T who is on the account of the bank and does he has to have license write checks and all that.
Speaker 4No, nope, he's on the board and he's given he's given the right to write check.
Speaker 2Someone has to write a.
Speaker 4Check to pay for you know things.
Speaker 2So no, there's no license now to do Yeah, go ahead.
Speaker 6The board has to be four to three people or just three to three.
Speaker 2I don't understand what that means.
Speaker 6Uh, liked the people that you choose people to be on the board, like the finance person.
Speaker 4Oh, there should be no there there should be a there should be a number where one party out votes the other.
Speaker 2There should be a either.
Speaker 6Not about the issues, but the members for the h o A.
Speaker 4I thought it, You know it doesn't.
It depends on the CCNRS.
It depends on the way CCNR.
Now the c CNRS can say there'll be six members of the board.
Now what happens if three go one way and three go the other way?
Well, there has to be a mechanism of voting one way or the other.
Or if it turns out that it's a tie vote three to three, then whatever is put on the table goes nowhere.
It's the same as a no vote.
So that's why.
Speaker 6Next question, Yeah, so what should we do?
Now we're going to vote.
But I thought about that that this just doesn't make any sense.
Speaker 2No, it doesn't.
Speaker 5Why I said, you should be yeah, it should.
Speaker 4Be uh yeah, it should be an uneven number, right, And I'm surprised CCNRS.
Speaker 2I mean to look back at the c CNRS.
Speaker 4You have to look at the way it was written, and I would doubt that it's three and three.
Speaker 2I've never heard of three and three on the board or four.
Speaker 3Yeah.
Speaker 6Yeah, And they're just bullying us because well that's a.
Speaker 2Different general and get on the board.
Run.
Speaker 5They don't choose me.
Speaker 6They don't choose me.
Speaker 2No, No, you don't choose you know, you run.
You put yourself in to run.
It's an election to get onto.
Speaker 6The board, okay, or everything you're telling me.
I was my next question.
And when we have meetings, the president members, none of don't come.
Speaker 2It's just the time two mister T.
Speaker 3Yeah, mister.
Speaker 5Excuse me.
Speaker 6Mister T, who is living there and maintaining he doesn't speak English much anyway, he's on the finance writing.
Speaker 4We've gone through that, We've got we've gone through, Yes, we've gone through that.
Speaker 6He calls me, I'm not the board member and I'm running around finding companies and all that taking care of them.
Speaker 3Don't do it, but he doesn't.
Speaker 2Don't, then Jasmine, don't do it.
Speaker 4Okay, there's six units there, why should you take it on?
Speaker 2Just say no, thanks, you.
Speaker 6Do it because the president doesn't come.
This guy doesn't know how.
Speaker 4Election, next, next board meeting?
Get elected?
There's elections every year probably, uh.
And you run and you get yourself elected and you do a little politicking.
You go from unit to unit.
There's six units there.
There's two that are not going to vote for you.
We know that there's one that is going to vote for you.
That's you.
And now you have three other people to vote for you, hopefully, and oat me tell.
Speaker 6You three of them are on the board.
One never comes, doesn't want to vote.
Speaker 4There, it's an election, then it's elect Then they don't come to the election, and then we talk about how many actually elect you.
Speaker 2And now you know it's not hard to do.
Speaker 4You have a small, tiny board that's in control of a six unit property.
Speaker 2It's tough.
It is tough, all right.
Speaker 4Let me phone phone calls Victor, Hi, Victor, welcome.
Speaker 7Hi, how you doing Bill?
Speaker 2Go ahead?
Can you hear me yep.
Oh yes.
Speaker 8I had a suffered electrical fire back in March of twenty twenty four, and the insurance company basically totaled out my house.
I was under under insured.
So I've been trying to find a contractor.
But because I live and I live in the city of Compton, and it has a big stereotype behind it, and it was very extremely difficult to find a contractor.
I still don't have a contractor.
I went through two contractors that promised the world.
One didn't have a license and eventually had to get rid of him, and then I got another one.
We've went through six plans and they could never plan pass plan check.
So now I'm at the situation where in the beginning, back in April of twenty twenty four, the statue, they sent me a letter that said the statue runs out in April of twenty twenty six.
But since March of this year they've been singing a letter saying that the statue runs out in September.
Speaker 4Well the statue, Well, if you're sorry about a statute, the Statue of Limitation goes for four years.
So we're talking about the legal statue, right, They're finally a lawsuit.
What they're talking about is their procedures that a claim must be made within a period a specific period of time, and they're not going to honor beyond that time.
For example, when it comes to a car accident, or you're suing the city because you fall into a park and there's a hole there and they're not maintaining it and you're arguing the city is wrong.
To sue a city a governmental agency, you have to let them know within six months that you're going to sue them, And if you don't let them know within six months, if you don't make a claim, you can't sue.
Speaker 2So what you have.
Speaker 4Going here, from what I am understanding, is you have the insurance company saying you have to make a claim and if you don't make the appropriate claim, then come April or September, your timeline is up.
But I think if you make the claim straight out and say I'm having a tough time finding a contractor and you submit the two bids you submit, everything is doing.
You should be okay.
And by the way, where are you getting the money if you were under insured?
Where are you getting the money to build to rebuild it?
Speaker 8That's that's part of the challenge bill is that roughly they gave me a little bit over two hundred thousand.
And I tell everybody this and everybody listening.
I own my home for twenty years, but I never checked the insurance policy.
Speaker 2Good for you.
Speaker 8So that insurance insurance policy is twenty years old, and the amount that the house was insured for was way under.
Speaker 2The amount that's going to cost to rebuilding.
Yep.
Speaker 4Yes, and that's and that's good and Victor, that's very good advice.
That's exactly the case.
Every time you renew an insurance policy every year.
Usually when you renew, look at what it's gonna and it's easy to look up.
I mean it's on the internet.
What is it going to cost you to rebuild your house?
And you up your insurance for that good advice all the way around.
Here's some other good advice that I'm going to give you, and it has to do with your business.
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Speaker 2This is handle on the law.
Speaker 1You're listening to bill handle on demand from KFI AM six forty.
Speaker 4PFI AM six forty bill handle here on a Saturday morning.
Eight hundred five two ero one five three four is the number two call welcome back handle on the law Marginal Legal ad Vice.
Speaker 2Richard Hi, Richard, Hello, wanted to.
Speaker 3Use you for your second opinion and see if I have vocation or not.
Okay, So I was attacked by a dog, went to the emergency room.
They did a couple X rays, looked at it, said okay, we'll give you to the antibotics.
You should be fine.
I went home.
I couldn't get the antibiotics because unfortunately I was in a family's house, which is a different state from when my insurance is and they wouldn't fill the prescription out of state.
So, long story short, next day, I got attacked by the same dog again.
Go back to the same emergency room.
I never saw a doctor either time in the emergency rooms.
By the way, a nurse practitioner.
She didn't bother checking it the second time.
She just said, you'll be fine, just take the antibiotics.
So next day, when a severe amount of pain, can't sleep because the pain is so bad, and something just seems off.
So I decide I'm going to go to a different hospital because I'm not being really checked out at this first hospital.
So I go out of state to the next city over, which is in Kentucky, and I go to that hospital to the emergency room, and may tell me I need to go into emergency surgery right away, that I'm about to die because the infections about to spread the heart travel.
Speaker 4That's lovely.
So you got some pretty serious damage there.
Any what what permanent damage do you have?
Speaker 2By the way, nerve.
Speaker 3Damage in my hand and muscular damage in my hand?
Speaker 2My hand, use my hand, got it?
Speaker 4Okay, so that's pretty serious.
Now I'm gonna look confused.
Okay, you are you get your Uh you're in the hospital and they give you a prescription.
Uh, but then you leave and go to another state and they won't fill the prescription.
Speaker 3Correct, No, no, no, So I'm in I'm visiting my family for Christmas vacation, okay, fair enough from where I live.
And that hospital gives me a prescription and when I go to try and fill it at the local pharmacy, they say they can't fill it because my insurance won't cover it because I'm not in my state re my.
Speaker 2Insurances, it's not in a network.
Speaker 3Okay, right, so I can't get the prescriptions filled that they Sure you can't, Sure you can.
Speaker 4Yeah, you gotta pay out of pocket, of course.
Okay, so you have to pay out of pocket, right?
Speaker 3But oh yeah, I need attacked by the same dog again the next day, and so I go back to the same hospital that went to the first time, and this time they don't even look at the new dog attack.
Speaker 2Okay, I got that.
Speaker 4I got that, so okay, they clearly malpracticed that time around two.
Speaker 2The big issue is.
Speaker 4If you had filled that first prescription, would you be okay?
Does it matter in terms of the damage is how badly you were injured if the medicine was flowing through you on that second dog bite.
But if it turns out that that damage happened as a result or it didn't matter if you filled that first prescription, or it was exacerbated the injury.
The big issue here is we gave you a prescription.
Speaker 2And you didn't fill it.
Speaker 4How do you argue that the pharmacy says, no, you got to pay out of pocket because you're out of network.
Speaker 2Or you call the insurance come they say they're out of network.
Speaker 4Uh, it's you were there and they gave you a prescription, Richard, And I don't know how to get around that.
How much was the medicine, how much would have been the medicine out of pocket?
Speaker 3I don't know.
They didn't tell me.
I mean I didn't ask either.
Speaker 2Okay, what Okay?
Speaker 4Let me ask you this, what is it?
Was it an antibiotic of some kind?
Speaker 3Yes, it was an antibotic.
Speaker 2Those are dirt cheap.
Speaker 3Again, I'm not a medical person.
Speaker 4I have no idea understand, Okay, but I'm telling you antibiotics, generic, generic antibiotics are dirt cheap.
Speaker 2All right.
So you said you're looking for a second.
Speaker 3Opinion, right right, because I okay, what's your what's your first opinion?
Speaker 2What does the first opinion say?
Speaker 3First opinion said, no, this is infection and that you know infections are are are known to happen, and it's not okay, ordinary.
Speaker 2Yeah, that's what That's what I figured.
Speaker 4There's it's and the infection was It could have been caught had you feel the prescription.
And the reason you didn't is because it was out of network.
You know, I don't see anything there either.
I you know, the whole fault.
And I'm telling you granted the bite, the dog bite twice, any injury as a result of that second dog bite, that injury I think you could be covered for.
But again, if it was the inspection, if it was the infection involved, they're going to put it all together and say it all boils down to you not getting the antibiotic, which, by the way, is cheap.
I mean generic antibiotics costs virtually nothing.
Speaker 2Lavender, Hello Lavender.
Speaker 5So I co own rental property with the sibling, and when the renter left, the property was cleaned and prepared for a new renter.
Speaker 3But the.
Speaker 5My sibling, he approved twenty two thousand dollars, so eleven thousand dollars to me of upgrades and improvements like granite countertops above, repairs and paint and cleaning, all of this without my consent.
I was unaware.
I had been in the hospital and what hadn't received any mail, so I didn't know any of this was going on.
And do we have any recourse?
Speaker 4Well, yeah, I mean I think your brother is as responsible to pay.
Speaker 2Now are you you have the bill?
Did you pay it?
Who's paying it?
Is anybody pay it?
Okay?
Speaker 5With that my brother, yes, I paid.
Okay, So he did it property management, Okay.
Speaker 2I got it.
Speaker 4So what he did is he authorized it without your permission.
But can either of you authorize a a repair without the other's permission?
You both, I'm assuming you both owned the property and joined Tennessee, so you both own it together and if you do, he owns half of it, you own half of it.
Speaker 2Together, you own the property.
Speaker 4And he's gonna argue, yeah, I'm authorized to do it.
You weren't around it, needed it, we have to re rent it.
Yeah, okay, that's what I did.
And then your position is, but you didn't have to do that, he said, Well, it's the choice I made.
Speaker 2So do I think you can sue him for half?
Speaker 3Nah?
Speaker 2No, you can yell at him, but I think yeah you can.
Yeah, No, I don't think so.
I don't think so.
All right, let me.
Speaker 4Tell you what's going on October eleventh, Saturday night, and it is a pretty special event.
Neil Savadra of the Fork Report with me every morning, and I are hosting a dinner and actually Zelman's, which I talk about all the time.
Zelmans it gives you fresh, wonderful breath for hours and hours.
Is what we're doing is we're putting Zelmans to the test.
And what does that mean?
Well, at the end, huh, White House Restaurant, which is phenomenal's food.
We're going to have dinner and it's going to be a lot of onions, a lot of garlic, a lot of things that can really smell up your breath.
And then we're gonna put Zelman's on the table and see if it does everything it promised us to do, which of course it does, otherwise we wouldn't do this.
And here's the kicker.
Five people and their guests are going to be invited to join us on Saturday night.
And what a meal you're gonna have, and just watching Neil and me stuff our faces with both hands out alone as entertainment on a huge level.
And here is how you enter.
If you purchase any product or any amount of product from Zelmans during the month of August, you're automatically entered.
Speaker 2And then there are.
Speaker 4Rules of entering and who can and how you do it, etc.
And go to the website Zelmans dot com.
But this is Saturday night, October eleventh, and I'd love to see you there.
Five winners and their guests and boy, or we set up for a dinner Zelman's Anaheim White House restaurant.
Speaker 2Boy, what what a group?
Speaker 4And Neil and me, So go to Zelmans dot com z L M I N S.
Zelman's dot com promo code KFI.
That's Zelmans dot com promo code KFI.
This is handle on the Law KFI handle here on a Saturday Mornings for last segment, and I'll beginning to you.
Speaker 2If you're on hold right now, I'll believe me.
Speaker 4And after the show, I'm going to continue on off the air and you'll be able to call in if you're on hold.
At the end of the show, hang loose.
I'll get to all the questions if you want to call in.
Eight hundred and five two ero, one, five three four, Back we go and well more.
Speaker 2Handle on the law Marginal Legal Advice.
Speaker 4Joe, You've been waiting there for a bit, Thank you and what can I do for you?
Speaker 7Hi Bills?
Has it going?
Speaker 2Yes, particul my call sure.
Speaker 7I was explaining to the screener that I've got a daughter, an adult daughter that's got a home in North San Diego County that she's been trying to sell for the last year and within that year at the peak all the way to now that the prices have been plummeting.
And the reason why she can't sell her house is because right next door to her house is this home you call it with that that has no roof but has a big blue, beautiful blanket as a roof covering that whole house held down by tires, fand bags, cinder blocks, and they can't sell it because when people go upstairs to look at the view, they look at the view right next door and see this park with all these old rusty cars in.
Speaker 4The yard, and right, no, that that is Yeah, that's a that's a particularly bad problem they have.
Speaker 2You want to sell a house.
Speaker 7Yeah, they're actually true, they're going to miss out on their taxi exclusion here.
But is there anything they can do bill with the.
Speaker 2Yeah, Okay, here's the Yeah.
Speaker 4Here's the argument you're saying is that what they have done is diminished the value of her house.
Now she has a right to put a blue tarp up there and hold it down with tires.
Speaker 2I mean, it's her house.
Speaker 4And there was a house on my way to my house, and I had mine for twenty five years where for probably twenty three years, the roof wasn't done and there was a tarp on part of it.
Now it wasn't old tires and old stuff and nothing in the front yard, but there was the tarp that was there and it stood there for twenty something years.
So the issue becomes issue in violation of any ordinance, and she might be.
This is where you call Building in Safety and ask that question if someone has a tarp up there, and how long has it been.
Speaker 2Up there.
Speaker 7Since they've since they've purchased the property, like seven years.
Speaker 4Ago, okay for seven years.
So you want to so you want to find out if they're in violation.
And if they are in violation, that's great news for you because then you sue.
I mean, they may actually the city Building and Safety may say you got to take this down.
We can't have this up up there.
It's an unsafe place.
They may redline the house for all I know.
But your law or your daughter's lawsuit is against them for the diminuation of the value of her house.
Now I don't know.
I mean, her defense is is my house.
I can do whatever the hell I want.
You know, I'm not getting in your way.
Well, yeah, you are getting in your way in our way, and here is what you did, and here is the ordinance, here's the city code.
Other than that, is there a lawsuit there for diminuation?
And I'm sure what it's several hundred thousand dollars At this point, you're gonna have to get a lawyer.
You can have to pay money do they Let's say you get a two hundred thousand dollars award or three hundred thousand dollars award.
If they have a blue tarp on their roof and are holding it down with old tires holding the tarp down, are they going to be able to pay three hundred thousand.
Speaker 2Dollars right right?
And your lawyer is going to charge you.
Oh, believe me.
Speaker 4This is not going to be a contingency issue.
So there's no fun on this one.
And so the first step.
The first step is calling building in safety and see if there is anything there.
Speaker 2Yeah, that's not a fun position to be in.
Speaker 4Okay, real quickly, I want to talk about the Pain Game podcast before I give you phone numbers and we continue on with the show after the show off the air.
The Pain Game podcast is about people live in chronic pain.
Chronic pain being there all the time and not only is it hurt, I mean really hurt constantly.
At twenty four to seven.
You feel very alone.
But there's a community out there.
There really is, and it is part of the Pain Game Podcast.
Chronic pain or you deal with someone who has it?
I happen to deal with someone who has it.
Speaker 2And is tough.
Speaker 4And more importantly, or as importantly, people have lost people because of chronic pain.
Speaker 2That's how bad it can get.
Speaker 4So the Pain Game Podcast is about helping people, helping people deal with.
Speaker 2Their chronic pain and trauma, and.
Speaker 4It's about connecting.
It's about actually giving pain purpose.
I know that's kind of strange, but that's your mindset, is that the pain you or your loved one has can have purpose and the Pain Game Podcast will help.
Speaker 2You deal with that.
Speaker 4And you can listen to the show wherever you listen to podcasts.
Every message, every episode ends with a message of hope.
Now season three is running, so wherever you listen to podcasts, visit the Pain Game Podcast.
That's the Pain Game Podcast.
And as I said, I am still continuing on.
I'm going to walk out and say goodbye.
But as I'm still continuing on with phone calls off the air, for those of you that are on hold, stay put and if you want to call in and believe me, I go through these very quickly.
There are no brakes, there are no commercials, there's no weather, there's no traffic, there's no patience on my part.
So as you can imagine, I ip through them the number eight hundred five two ero one five three four.
Eight hundred five two ero one five three four.
This is Handle on the Law.
Speaker 2You've been listening to the Bill Handle Show.
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